Allahabad High Court
Irfan And Anr. vs State Of U.P. And 2 Ors. on 12 October, 2017
Bench: Vipin Sinha, J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 21916 of 2017
Petitioner :- Irfan And Anr.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Bratendra Singh
Counsel for Respondent :- G.A.,Ravi Prakash Singh
Hon'ble Vipin Sinha,J.
Hon'ble J.J. Munir,J.
The accused is petitioner No. 1 and the victim is petitioner No. 2 and as per the Adhar Card, annexed with the writ petition, her date of birth is 12.8.1997.
Opposite party No. 3, Faeem Abbas is also personally present before this Court and he happens to be brother of petitioner No. 2-Yasmin.
The contention as made by learned counsel for the petitioners is that both the petitioners are major and they have solemnized their marriage on 9.7.2017, copy of which is annexed as Annexure-4 to the writ petition. The Court has been informed that earlier a writ petition has been filed being Writ - C No. 43187 of 2017 seeking protection and the protection has been granted by another Bench of this Court vide order dated 14.9.2017, copy of the order is annexed as Annexure-5 to the writ petition.
It has been submitted that in pursuance of the order passed in earlier writ petition, the petitioners had filed an application seeking the registration of the marriage, yet, the application is still pending, however, in the meantime, an F.I.R. has been lodged and thus, the petitioners have no option but to rush to this Court.
In view of the fact that counsel appearing for opposite party No. 3 has filed a short counter affidavit raising serious objection about the veracity of the Adhar Card and his submission is that as per the Adhar Card, produced by him, his date of birth is 12.8.2002 and the girl is minor.
Petitioner no. - 2 is present before this Court and in the opinion of the Court, prima facie, the girl is not minor and the in view of the facts and circumstances of the case, the Court proceeds to examine her.
On being asked, "apka naam kya hai", she informed, "Yasmin". She further informs the Court that his date of birth is 12.8.1997 and she is a major girl. She has also informed the Court that she has performed Nikah with petitioner No. 1, Irfan, who is also present before this Court. Petitioner No. 1 and petitioner No. 2 have identified each other and both the petitioners have been identified by the counsel on the basis of documents produced before him in his chamber as a counsel.
Looking into the facts and circumstances of the case and the dispute, which has been raised by counsel for the opposite party No. 3, it is directed that till further orders of this Court, the petitioner No. 1 shall not be arrested in pursuance of the impugned FIR registered as Case Crime No. 307 of 2017 under Sections 363, 366 IPC, Police Station Kotwali Nagar, District Aligarh.
It is further directed that the girl and the boy, who are present before this Court, shall be taken by the Police Constables to the office of the Registrar General Office of this Court. The Registrar General Office of this Court will thereafter take necessary steps to get the girl (petitioner no. 2) medically examined by the Chief Medical Officer, Allahabad, today itself, if possible. The C.M.O. concerned will examine the girl and will submit a report with regard to the age of the petitioner No. 2-Yasmin by tomorrow at 4:00 pm through the office of Registrar General of this Court. The C.M.O. will also ensure her age by radiologist with regard to the age variation of the girl. It is made clear that both the petitioners shall not be harassed in this regard. After getting the girl medically examined, she shall be released along with petitioner no. 1, but both the petitioners will again be present before this Court at 2:00 p.m. tomorrow.
Put up as unlisted tomorrow, i.e., 13.10.2017, at 2:00 p.m.
Both the Adhar Card along with the transfer certificate of the girl are being taken on record.
The contention of learned counsel for the petitioners is that the application with regard to the correction in the Adhar Card has been filed and in pursuance of the application, a fresh Adhar Card has been made, which is also taken on record and kept in a sealed cover.
Counsel for the petitioners shall be permitted to accompany the girl for medical examination.
Order Date :- 12.10.2017
LN Tripathi
